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Great news: the new “Tax Cut and Jobs Act” (“TCJA”), doubles the estate tax exemption amount from $5.49 million per individual (the 2017 exemption amount) to $11,180,000 million. (For convenience, this article will use the $5.6 million projected exemption amount for 2018 before TCJA and $11.2 million). The new higher number will be adjusted for inflation…. Read more »

On November 9, 2018 OSHA issued a final rule revising the Crane Operator Certification Requirements. The final rule is effective on December 10, 2018, except for certain evaluation and documentation requirements that are effective February 7, 2019. Under the final rule, employers are required to train operators as needed to perform assigned crane activities, evaluate… Read more »

Recently the American Institute of Architects (AIA) and Dodge Data & Analytics and other allied construction industry parties conducted research to identify the top sources of uncertainty in design and construction along with best practices for managing associated risk. And the top (7) are: Owner-driven changes: Instances where the owner’s requirements were not clearly initially… Read more »

Statutes of limitations are statutory deadlines for filing legal actions. Limitation periods vary by the type of action. It is important to evaluate these limitation periods because if the deadline is missed, then the claim may be time-barred by the court. Arbitration provisions are increasingly common. Only a few jurisdictions, however, explicitly address whether statute… Read more »

Effective November 1, 2018, organizations engaged in commercial activities in certain Canadian provinces and territories now have additional data breach reporting requirements pursuant to the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA1) and the Breach of Security Safeguards Regulations2. While Quebec3, British Columbia4 and Alberta5 previously adopted substantially similar data breach requirements, if personal… Read more »

The Department of Veterans Affairs (VA) and the United States Small Business Administration (SBA) each has its own service-disabled veteran-owned small business (SDVOSB) contracting program. Until recently, the VA and SBA programs were subject to different sets of eligibility rules. Effective October 1, 2018, SBA revised its eligibility requirements for the SBA service-disabled veteran-owned small… Read more »

The Department of Veterans Affairs (VA) and the United States Small Business Administration (SBA) each administers its own service-disabled veteran-owned small business (SDVOSB) contracting program. Until very recently, each program was subject to its own set of rules. Disparities between the eligibility requirements of the VA’s “Vets First” program and the SBA’s Service-Disabled Veteran Owned… Read more »

As I reported earlier1, the U.S. Supreme Court held in Epic Systems Corp. v. Lewis on May 21, 2018, that employers and employees can agree in arbitration agreements that claims be brought on an individual, rather than class or collective basis. Now, the U.S. Court of Appeals for the Sixth Circuit has held that the… Read more »

Workers’ compensation obligations may extend to cover individuals beyond those you consider to be your traditional employees. While this article considers such obligations under the Virginia Workers’ Compensation Act (VWCA), the consideration may be applicable in other states as well. Consult with an attorney licensed in your state to discuss the issue. One of the… Read more »

Businesses must become licensed before acting in a contractor’s capacity. The ability to issue licenses serves an important function of protecting public safety by ensuring that contractors meet established minimum competency requirements. When applying for licensure, important considerations include (a) where the work will be performed, (b) the type of work the contractor plans to… Read more »

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